(A) Definitions. For the purpose of this section, the following definitions apply unless the context clearly indicates or requires a different meaning.
ALLOW.
(a) Either permit or neglect to refrain or prevent.
(b) It requires actual or constructive knowledge on the part of the parent or guardian; that is, the parent or guardian must actually know about the minor violating this section, or the circumstances must be such that a reasonably prudent parent or guardian should have known the minor was violating this section.
MINOR. Any person under the age of 18 years.
PARENT. Any person having legal custody of a minor as a natural or adoptive parent, as a legal guardian, as a person who stands “in loco parentis” or as a person to whom legal custody has been granted by order of a court.
REMAIN. To stay behind, to tarry or to stay unnecessarily upon or in any public assembly, building, place, street or highway.
(B) Curfew times. It shall be unlawful for any parent or guardian having legal custody of a minor knowingly to permit or by inefficient control to allow such minor to be on or remain in or upon any public assembly, building, place, street or highway within the city during the curfew, which shall be in effect during the following periods:
(1) For minors age 16 and 17.
(a) 12:01 a.m. to 6:00 a.m. on Saturday;
(b) 12:01 a.m. to 6:00 a.m. on Sunday;
(c) 10:00 p.m. on Sunday to 6:00 a.m. on Monday;
(d) 10:00 p.m. on Monday to 6:00 a.m. on Tuesday;
(e) 10:00 p.m. on Tuesday to 6:00 a.m. on Wednesday;
(f) 10:00 p.m. on Wednesday to 6:00 a.m. on Thursday;
(g) 10:00 p.m. on Thursday to 6:00 a.m. on Friday.
(2) For minors under the age of 16: 10:00 p.m. each evening to 6:00 a.m. the following morning, each day of the week.
(C) Exceptions. In the following exceptional cases, a minor in or upon any public assembly, building, place, street or highway in the city during the hours set out in division (B) above shall not be considered in violation of the curfew established by this section.
(1) When the minor is accompanied by his/her parent or guardian;
(2) When the minor is accompanied by an adult authorized in advance by the minor's parent or guardian;
(3) When the minor is exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech, and the right of assembly, provided that written notice signed by the minor and countersigned by the minor's parent or guardian is in the possession of the minor and that such written notice specifies when, where and in what manner the minor will be exercising his/her First Amendment rights;
(4) In case of reasonable necessity, but only after the minor's parent or guardian has communicated to the investigating police officer the facts establishing such reasonable necessity;
(5) When the minor is on the sidewalk of the place where the minor resides, or on the sidewalk of either next door neighbor or such next-door neighbor has not communicated an objection to the minor's presence to a police officer or to the Police Department;
(6) When the minor is returning to his/her home by a direct route from and within two hours of the termination of a school activity, or any activity of a religious or other voluntary association, provided that satisfactory justification indicating the place and time of termination of said event is given to the investigating police officer;
(7) When authorized by regulation issued by or through the Mayor and/or the Mayor's designee in cases of reasonable necessity involving more minors than may reasonably be dealt with on an individual basis. Such regulation shall be issued sufficiently in advance to permit publicity through the news media and through other agencies such as the schools and the Police Department. The regulation shall define the activity, the scope of the use of the public assembly, building, place, street or highway pe1mitted, and the period of time involved, not to extend more than one hour beyond the time for termination of the activity, and the reason for finding that such regulation is reasonably necessary;
(8) When engaged in a business or occupation which the laws of Kentucky authorize a person under 18 years of age to perform;
(9) When the minor is, with parental consent, in a motor vehicle with a lawfully authorized driver;
(10) When the minor, who is a duly authorized and licensed driver, is operating a motor vehicle within the city for the purpose of passing through, by direct route, from one location to another either within or out of the city, and this exception shall include all minors who may also be within the vehicle.
(D) Questioning by Police. A police officer, upon finding or being notified of a minor, or an individual reasonably believed to be a minor, in or upon any public assembly, building, place, street or highway during the curfew hours and not being subject to one or more of the exceptions set out in division (C) above, and whose parent or guardian is reasonably believed to be in violation of this section, may stop and question such minor and request such information as the minor's name, age, and the name and address of the minor's parent or guardian, having legal custody of or standing in loco parentis for the minor.
(Ord. 019-288, passed 5-21-2019) Penalty, see § 130.99